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  • Cell Phone Law

    Sooooooo...if we see a Dick driving down the interstate in a construction zone playing Full Tilt Poker on his cell phone should we log the phone in as evidence?

    This is for all you parents that like to put your kids names on the back of your mini-vans.

    STOP IT! There are predators that will use that information against them!

  • #2
    This Law was poorly written.
    I am not even sure how we can enforce it.

    Comment


    • #3
      Nope. Playing video games isn't against the law, and it specifically says you can't confiscate the phone for evidence.

      Total BS law and one that I will not be writing tickets for. I can't tell if you are texting or e-mailing or dialing, or playing a game. If you're being reckless I'll use existing laws about lane usage, lane changes, speed, etc. and write you those instead.
      I miss you, Dave.
      http://www.odmp.org/officer/20669-of...david-s.-moore

      Comment


      • #4
        The law only applies to sending or receiving a text or email....you can play all the games you want. The law also says that you cannot seize the phone.
        I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, then questions the manner in which I provide it

        "But the bravest are surely those who have the clearest vision of what is before them, glory and danger alike, and yet notwithstanding, go out to meet
        it" - Thucydides

        sigpic

        Comment


        • #5
          The law is absolutely unenforceable. First off, if I see somebody jacking with their phone while driving, am I to assume that they're texting? I don't even see how you get to the level of reasonable suspicion of texting to even initiate a stop for it. I see somebody on the phone, there's a 50/50 chance they're texting, or updating Facebook.

          I'm with Cruiser, it's a BS law, passed as a knee jerk reaction. Lets continue to enforce the laws people break WHILE doing it, left of center, unsafe movement, speeding, etc.
          Originally posted by K40
          To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
          ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

          Comment


          • #6
            I think the only way I'd cite for it is if it's a crash and the person admits to texting.
            I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, then questions the manner in which I provide it

            "But the bravest are surely those who have the clearest vision of what is before them, glory and danger alike, and yet notwithstanding, go out to meet
            it" - Thucydides

            sigpic

            Comment


            • #7
              Yeah...I was really trying to throw some humor at ya but.....

              I won't be writing anyone for it...you never want to be the guy that starts the Supreme Court case.
              This is for all you parents that like to put your kids names on the back of your mini-vans.

              STOP IT! There are predators that will use that information against them!

              Comment


              • #8
                Originally posted by Lawdawg45
                Am I the only one who see's this new law as slightly hypocritical since most Officers use their MDT in the same manor?

                LD45
                No. We didn't write the law and as far as I know our MDTs are exempt from the statute. Unless you think its hypocritical I carry a handgun without a license since I'm exempt from the statute by statute being hypocritical. Seems pretty much the same.
                I miss you, Dave.
                http://www.odmp.org/officer/20669-of...david-s.-moore

                Comment


                • #9
                  Originally posted by CruiserClass View Post
                  No. We didn't write the law and as far as I know our MDTs are exempt from the statute. Unless you think its hypocritical I carry a handgun without a license since I'm exempt from the statute by statute being hypocritical. Seems pretty much the same.
                  Can you post anything in writing as to why you think we are exempt? Our prosecutor discussed this recently during a legal update and he said that there was absolutely nothing that states we are exempt and that he sees this as a big problem for us if we start hammering this statute.
                  Why are there so many babies on O.com? Creole, you and your buddy JPSO Recruit help me out on this one....

                  * "Preach always, if necessary, use words!" St Francis of Assisi

                  * Luke Chapter 6, Verses 27-36

                  Comment


                  • #10
                    Originally posted by towncop View Post
                    Can you post anything in writing as to why you think we are exempt? Our prosecutor discussed this recently during a legal update and he said that there was absolutely nothing that states we are exempt and that he sees this as a big problem for us if we start hammering this statute.
                    I agree. I don't believe we are exempt by the writing.

                    Comment


                    • #11
                      It's just like speed...we're "exempt" until we get caught....
                      This is for all you parents that like to put your kids names on the back of your mini-vans.

                      STOP IT! There are predators that will use that information against them!

                      Comment


                      • #12
                        I doubt most people outside of law enforcement will actually read the text of the law, it's just another feel good law that politicians can throw around during their campaigns to show how much they care about public safety. And/or it's just the first step towards hands free devices only while driving laws.
                        War to the knife and knife to the hilt.

                        TERM LIMITS!

                        Comment


                        • #13
                          I issued a citation for this violation last week. Dispatch put out a call of a 10-55 with the caller still on 911 giving updates. I caught up to the vehicle and observed it weaving out of its lane and driving in the middle of the road. I stopped it and the driver told me he had been texting his girlfriend as he was on his way home. His phone was also sitting next to him the text screen still open.

                          I think I may be the first one in my area to issue a cite for this, but the guy nearly hit a couple of cars.
                          I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, then questions the manner in which I provide it

                          "But the bravest are surely those who have the clearest vision of what is before them, glory and danger alike, and yet notwithstanding, go out to meet
                          it" - Thucydides

                          sigpic

                          Comment


                          • #14
                            sp23 that is about the only way I see this law can be enforced. I know every county prosecutor and judge will decide in their respective areas on what we can do and cant do with this law. The funny thing is I think this is one of the first they all agree cant really be enforced. They seem to all agree it was very poorly written.

                            Comment


                            • #15
                              You aren't exempt because you are the police, your laptop is exempt because a computer isn't a telecommunications device for the purposes of IC 9-21-8 (where the "texting while driving" code is listed) per IC code 9-13-2-177.3 and therefore using it to type/read doesn't violate the statute. If you are texting on your cell phone, you are in violation just like anyone else because a cell phone is a telecommunications device. If you are typing on a computer you aren’t in violation, again just like anyone else who happens to have a computer in their vehicle, because a computer isn’t covered under the law.
                              (emphasis added)
                              IC 9-21-8-59
                              Use of telecommunications device while operating a moving motor vehicle
                              Sec. 59. (a) A person may not use a telecommunications device to:
                              (1) type a text message or an electronic mail message;
                              (2) transmit a text message or an electronic mail message; or
                              (3) read a text message or an electronic mail message;
                              while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.


                              IC 9-13-2-177.3
                              Telecommunications device
                              Sec. 177.3. (a) "Telecommunications device", for purposes of IC 9-21-8 and IC 9-24-11-3.3, means an electronic or digital telecommunications device. The term includes a:
                              (1) wireless telephone;
                              (2) personal digital assistant;
                              (3) pager; or
                              (4) text messaging device.
                              I miss you, Dave.
                              http://www.odmp.org/officer/20669-of...david-s.-moore

                              Comment

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